I-751 Approved, Past Criminal Record, Planning Travel out of US

[rabbit10035 2]

I came with F-1 visa early 2011 and I got married to USC my 2yrs GC in 2012 i was arrested shortly after and charged with Identity Theft for $280, I was sentenced to 6 months in jail and released from the court for credit for time served. My ex wife left me and disappeared before i returned from jail, I finally divorced her in 2015 and married my currently wife, I consulted an attorney who helped me file for new AOS and everything went smooth on our interview the officer approved my new I-30 and told me that my green card still valid that i should go ahead and file for I-751, my lawyer went ahead and filed I-751 in December 2015. June 4th i received RFE and mailed it back in about weeks. March 2017 i received interview notice and the interview went well but the office told me he couldnt give us a decision right away due to my past conviction that the supervisor would have to go through it and return it back to him before he can approve it. I went for over 2 dozens of infopass and service request, Finally my I-751 was approved and am waiting for my card in the mail now.

 

This is where i need your advice or any input please! I'm currently planning a trip to my home country by the end of december but im very skeptical about my return to the US. Please what are my chances of being stopped by CBP for inadmissible and get detained for removal. 

[nightingalejules 678]

Nobody can tell you what your chances are. It's a risk, since there are some situations where you are not removable (as long as you stay in the US) but you would be inadmissible if you left. Certainly no one would be able to tell you without knowing if the crime for which you were convicted would make a person inadmissible to the US.

Your risk is lower, since your conviction occurred before you were approved (it would be riskier if you'd been approved and then got a conviction) but it's not entirely safe. 

The only people guaranteed to be admitted to the US are citizens, so if I were you, I'd be applying for citizenship ASAP.

In the meantime, you could consult with your lawyer and get his/her opinion, but literally no one can tell you with certainty what will happen when you're actually trying to re-enter the US.

[shell20 746]

15 hours ago, rabbit10035 said:

I came with F-1 visa early 2011 and I got married to USC my 2yrs GC in 2012 i was arrested shortly after and charged with Identity Theft for $280, I was sentenced to 6 months in jail and released from the court for credit for time served. My ex wife left me and disappeared before i returned from jail, I finally divorced her in 2015 and married my currently wife, I consulted an attorney who helped me file for new AOS and everything went smooth on our interview the officer approved my new I-30 and told me that my green card still valid that i should go ahead and file for I-751, my lawyer went ahead and filed I-751 in December 2015. June 4th i received RFE and mailed it back in about weeks. March 2017 i received interview notice and the interview went well but the office told me he couldnt give us a decision right away due to my past conviction that the supervisor would have to go through it and return it back to him before he can approve it. I went for over 2 dozens of infopass and service request, Finally my I-751 was approved and am waiting for my card in the mail now.

 

This is where i need your advice or any input please! I'm currently planning a trip to my home country by the end of december but im very skeptical about my return to the US. Please what are my chances of being stopped by CBP for inadmissible and get detained for removal. 

It is risky, not sure which country you are from to know if you can apply for citizenship but I would most  certainly think about it if you can.  Has to be a few years after your conviction.  You can read this and make a decision if you are eligible as not all countries are allowed dual citizenship, plus it is a personal decision too.   https://www.nolo.com/legal-encyclopedia/five-years-passed-since-crime-can-you-apply-naturalization.html